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Loan Charge - DR handover emails

Anne Charlesworth made this Freedom of Information request to HM Treasury Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.

We're waiting for Anne Charlesworth to read recent responses and update the status.

Dear HM Treasury,

Please provide all emails held by HM Treasury which contain the term 'DR handover' in either the subject line or the body of the email, for the period 24 May 2019 to 07 June 2019 inclusive.

Yours faithfully,

Anne Charlesworth

FOI Requests, HM Treasury

Our ref: FOI2022/18242

Dear Anne Charlesworth,

Thank you for your request for information which we are considering under
the terms of the Freedom of Information Act 2000.

This is to confirm receipt of your request and to let you know that it is
receiving attention. If you have any enquiries regarding your request do
not hesitate to contact us.

Please note: HM Treasury has a dedicated email address for the public to
make Freedom of Information requests: [email address]

Yours sincerely

Information Rights Unit | Correspondence and Information Rights | HM
Treasury, 1 Horse Guards Road, London, SW1A 2HQ [1]www.gov.uk/hm-treasury

References

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1. http://www.gov.uk/hm-treasury

FOI Requests - HMT, HM Treasury

1 Attachment

Dear Anne Charlesworth

 

Please find attached an interim response to your FOI Request.

Yours sincerely

 

Information Rights Unit | Correspondence and Information Rights | HM
Treasury, 1 Horse Guards Road, London, SW1A
2HQ   [1]www.gov.uk/hm-treasury

 

 

This email and any files transmitted with it are intended solely for the
use of the individual(s) to whom they are addressed. If you are not the
intended recipient and have received this email in error, please notify
the sender and delete the email. This footnote also confirms that our
email communications may be monitored to ensure the secure and effective
operation of our systems and for other lawful purposes, and that this
email has been swept for malware and viruses.

References

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1. http://www.gov.uk/hm-treasury
http://www.gov.uk/hm-treasury

Anne Charlesworth

Dear FOI Requests - HMT,

Thank you for your reply which has already taken the maximum number of days to tell me that you need more days to decide whether you can apply the section 35 exemption.

I have examined section 10.3 of the FOIA that you quote as a reason for taking more than 20 days to respond and cannot find any reference to being allowed additional time to respond because of having to apply a public interest test.

Section 10 of the FOIA provided below

10Time for compliance with request.
(1)Subject to subsections (2) and (3), a public authority must comply with section 1(1) promptly and in any event not later than the twentieth working day following the date of receipt.
(2)Where the authority has given a fees notice to the applicant and the fee is paid in accordance with section 9(2), the working days in the period beginning with the day on which the fees notice is given to the applicant and ending with the day on which the fee is received by the authority are to be disregarded in calculating for the purposes of subsection (1) the twentieth working day following the date of receipt.
(3)If, and to the extent that—
(a)section 1(1)(a) would not apply if the condition in section 2(1)(b) were satisfied, or
(b)section 1(1)(b) would not apply if the condition in section 2(2)(b) were satisfied,the public authority need not comply with section 1(1)(a) or (b) until such time as is reasonable in the circumstances; but this subsection does not affect the time by which any notice under section 17(1) must be given.

Please provide an immediate response to FOI2022.18242

Yours sincerely,

Anne Charlesworth

FOI Requests - HMT, HM Treasury

Dear Anne Charlesworth

Section 10(3) allows public authorities to extend the time needed for
public interest considerations “until such a time as is reasonable in the
circumstances”.

Please be assured that we are continuing to work on our response to your
request and we shall respond as soon it is possible to do so.

Yours sincerely
 
Information Rights Unit | Correspondence and Information Rights | HM
Treasury| Ground Orange | 1 Horse Guards Road, SW1A 2HQ |
[1]www.gov.uk/hm-treasury

show quoted sections

Anne Charlesworth

Dear FOI Requests - HMT,

Thank you for the most rapid response.

Hopefully you can undertake the public interest test just as quickly.
It does seem perverse that emails relating to the actions taking place more than three years ago are being withheld when the government seems to make policy changes on an almost daily basis.

Yours sincerely,

Anne Charlesworth

FOI Requests - HMT, HM Treasury

1 Attachment

Dear Anne Charlesworth

Please find attached an interim response to your FOI Request

Yours sincerely

 

Information Rights Unit | Correspondence and Information Rights | HM
Treasury, 1 Horse Guards Road, London, SW1A 2HQ  
[1]www.gov.uk/hm-treasury

 

This email and any files transmitted with it are intended solely for the
use of the individual(s) to whom they are addressed. If you are not the
intended recipient and have received this email in error, please notify
the sender and delete the email. This footnote also confirms that our
email communications may be monitored to ensure the secure and effective
operation of our systems and for other lawful purposes, and that this
email has been swept for malware and viruses.

References

Visible links
1. http://www.gov.uk/hm-treasury

FOI Requests, HM Treasury

1 Attachment

Dear Anne Charlesworth

Please find attached a response to your recent FOI request.

Yours sincerely

Information Rights Unit | Correspondence and Information Rights | HM
Treasury, 1 Horse Guards Road, London, SW1A 2HQ [1]www.gov.uk/hm-treasury

References

Visible links
1. http://www.gov.uk/hm-treasury

Anne Charlesworth

Dear FOI Requests,

This is in response to your letter dated 19/12/2022 Ref: FOI2022/18242

Firstly thank you for providing some of the information requested.

Thank you also for actually releasing information that you had considered using section 35 to withhold it. Of course section 35 and 36 to a very large extent are mutually exclusive and it would have been odd to try and use section 35 at the same time as section 36. It should be of interest to others (as well as myself) raising FOI requests that HMT now considers that it would not be reasonable to apply section 35 as the Loan Charge has now been finalised.

I question the use of section 36 exemption and its significant use within the response provided. I am sure that organisations such as the APPG, LCAG and Lord Forsyth as well as a number of other prominent figures would also be interested as to what is being attributed to them.

Please can you review your decision to withhold any of the information being withheld using section 36.

All the people authoring these emails are senior civil servants and will be fully aware that any communications may at some point be exposed as part of a freedom of information request. It is unreasonable that HMT are applying section 36 in these circumstances.

Please as part of your response to this request for an internal review also provide all the meta-data associated with this request

I also understand that section 36 requires a public interest test be conducted by someone independent , please also provide details of this .

Yours sincerely,

Anne Charlesworth

FOI Requests, HM Treasury

Dear Anne Charlesworth,

Thank you for your email regarding your request for an internal review.

I can confirm that your review request was received on 6th January and is
receiving attention under our reference IR2023/00216.

There is no statutory deadline for responding to internal review requests.

However, in line with the Information Commissioner's guidelines and the
[1]2018 FOI Code of Practice, we aim to complete  internal reviews within
20 working days.

Yours sincerely

Information Rights Unit | Correspondence and Information Rights | HM
Treasury, 1 Horse Guards Road, London, SW1A 2HQ  
[2]www.gov.uk/hm-treasury

References

Visible links
1. https://www.gov.uk/government/publicatio...
2. http://www.gov.uk/hm-treasury

FOI Requests, HM Treasury

Our ref: FOI2023/00217

Dear Anne Charlesworth,

Thank you for your request for information which we are considering under
the terms of the Freedom of Information Act 2000.

This is to confirm receipt of your request and to let you know that it is
receiving attention. If you have any enquiries regarding your request do
not hesitate to contact us.

Please note: HM Treasury has a dedicated email address for the public to
make Freedom of Information requests: [email address]

Yours sincerely

Information Rights Unit | Correspondence and Information Rights | HM
Treasury, 1 Horse Guards Road, London, SW1A 2HQ [1]www.gov.uk/hm-treasury

References

Visible links
1. http://www.gov.uk/hm-treasury

FOI Requests, HM Treasury

1 Attachment

Dear Anne Charlesworth

Please find attached a response to your recent IR request.

Yours sincerely

Information Rights Unit | Correspondence and Information Rights | HM
Treasury, 1 Horse Guards Road, London, SW1A 2HQ [1]www.gov.uk/hm-treasury

References

Visible links
1. http://www.gov.uk/hm-treasury

FOI Requests, HM Treasury

1 Attachment

Dear Anne Charlesworth

Please find attached a response to your recent FOI request.

Yours sincerely

Information Rights Unit | Correspondence and Information Rights | HM
Treasury, 1 Horse Guards Road, London, SW1A 2HQ [1]www.gov.uk/hm-treasury

References

Visible links
1. http://www.gov.uk/hm-treasury

Anne Charlesworth

Dear FOI Requests,

Thank you for your internal review of my FOI request.
Refs: IR2023/00216 FOI2022/18242

Summarising
You don't believe that documents authored by non-senior civil servants should be subject to FOI requests, even when these documents are shared via emails with senior civil servants. These documents were produced as a report of meetings with the Financial Secretary to the Treasury and were shared with SCS in both HMT and HMRC.
You have upheld your decision for withholding significant portions using section 36.
Unfortunately I will have to ask the ICO for their judgement on this and it seems contrary to what parliament intended when it created the FOIA

I don't for a minute believe that you have seriously considered the impact on individuals. Ten , yes at least ten have now committed suicide because of the Loan Charge policy. Killing its own citizens cannot be a reasonable policy for HMT to defend. It is and is also causing significant mental illness amongst many more of the 50,000 people (and their families).

One further request for this FoIR/IR
Please provide details of the emails and authorisation from the minister of the crown who has authorised the withholding of data for this FOI request and internal review.

I will continue to pursue the metadata for this FOI via a separate request FOI2023/00217.

Yours sincerely,

Anne Charlesworth

Anne Charlesworth

Dear FOI Requests,

On 3/2/2023 you responded to my request for the Metadata for FOI2022/18242 siting section 14 of the FOIA as justification for not supplying the information requested. You also suggested that I might be able to get some of the information if I were to narrow the timeframe.

To be clear the reason that there is a significant elapsed time for the original FOI request is wholely down to the tardiness of HMT in providing the information requested.
26/9/2022 initial FOI raised
24/10/2022 HMT took the maximum number of days (20) to state that it would need more days to respond
26/10/2022 HMT then explain that they are allowed more time if they are to use section 35 public interest test (note section 35 not 36)
26/11/2022 HMT ask for more time to respond.
19/12/2022 HMT provide a response, and release the information that they were considering for section 35 public interest test. However significant parts are being withheld siting section 36
6/1/2023 Internal Review requested along with a request for the metadata for the original FOI2022/18242

Section 14.1
Vexatious or repeated requests.
(1)Section 1(1) does not oblige a public authority to comply with a request for information if the request is vexatious.

It was a simple request, with a very clear target.
The purpose of the request for the metadata is to understand why HMT are so concerned about the information being provided and how the decision to release the data being considered under section 35 whilst then withholding significant amounts using section 36.

Please explain why this request is vexatious.
Please reconsider your decision to withhold .

Yours sincerely,

Anne Charlesworth

FOI Requests, HM Treasury

Our ref: FOI2023/02221

Dear Anne Charlesworth,

Thank you for your request for information which we are considering under
the terms of the Freedom of Information Act 2000.

This is to confirm receipt of your request and to let you know that it is
receiving attention. If you have any enquiries regarding your request do
not hesitate to contact us.

Please note: HM Treasury has a dedicated email address for the public to
make Freedom of Information requests: [email address]

Yours sincerely

Information Rights Unit | Correspondence and Information Rights | HM
Treasury, 1 Horse Guards Road, London, SW1A 2HQ [1]www.gov.uk/hm-treasury

References

Visible links
1. http://www.gov.uk/hm-treasury

FOI Requests, HM Treasury

Dear Anne Charlesworth,

Thank you for your email regarding your request for an internal review.

I can confirm that your review request was received on 3rd February and is
receiving attention under our reference IR2023/02226.

There is no statutory deadline for responding to internal review requests.

However, in line with the Information Commissioner's guidelines and the
[1]2018 FOI Code of Practice, we aim to complete  internal reviews within
20 working days.

Yours sincerely

Information Rights Unit | Correspondence and Information Rights | HM
Treasury, 1 Horse Guards Road, London, SW1A 2HQ  
[2]www.gov.uk/hm-treasury

References

Visible links
1. https://www.gov.uk/government/publicatio...
2. http://www.gov.uk/hm-treasury

FOI Requests, HM Treasury

1 Attachment

Dear Anne Charlesworth

Please find attached a response to your recent FOI request.

Yours sincerely

Information Rights Unit | Correspondence and Information Rights | HM
Treasury, 1 Horse Guards Road, London, SW1A 2HQ [1]www.gov.uk/hm-treasury

References

Visible links
1. http://www.gov.uk/hm-treasury

FOI Requests, HM Treasury

1 Attachment

Dear Anne Charlesworth

Please find attached a response to your recent IR request.

Yours sincerely

Information Rights Unit | Correspondence and Information Rights | HM
Treasury, 1 Horse Guards Road, London, SW1A 2HQ [1]www.gov.uk/hm-treasury

References

Visible links
1. http://www.gov.uk/hm-treasury

We don't know whether the most recent response to this request contains information or not – if you are Anne Charlesworth please sign in and let everyone know.